Adventist-Fish seeks expedited trial

ANNE GEGGIS, Staff report

Tuesday

Dec 14, 2010 at 12:01 AMAug 15, 2012 at 12:08 PM

DAYTONA BEACH -- A lawsuit challenging the merger between Bert Fish Medical Center and Adventist Health System will have its second round in circuit court Wednesday and is expected to provide a preview of the main event.

Adventist-Fish is asking Circuit Judge Richard Graham to expedite a trial for the lawsuit. The partners were sued in August for violating the Sunshine Law when they merged the 112-bed New Smyrna Beach hospital with the national nonprofit in May. Members of the Bert Fish Foundation are seeking to void the merger, claiming it was the result of 21 private meetings held over 16 months that should have been open to the public.

Graham declared last month the private merger meetings violated the Sunshine Law but stopped short of voiding the sale. Now Graham is expected to consider the legality of Adventist-Fish's self-prescribed "cure" for the violation, which resulted in the same decision to merge.

"We want certainty for the community -- the patients and the employees of the hospital," said Mayanne Downs, an Orlando attorney representing Adventist-Fish.

A lawyer for the Bert Fish Foundation said his side has no problem with an expedited trial, as long as the discovery process is also expedited. Adventist-Fish has not complied with the Bert Fish Foundation's request for documents and a schedule for deposing witnesses, said Jon Kaney, a Daytona Beach attorney for the foundation.

"We can't go to trial until we complete discovery," Kaney said.

But Downs said she didn't think this case would require much, if any, discovery process and that her side has complied with all requests thus far.

The hearing is scheduled to begin at 2 p.m. at the Volusia County Courthouse Annex on Orange Avenue.

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